THE CONSTITUTIONAL PRINCIPLE OF EQUALITY

Abstract

The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Fundamental Law. The equality before the law and public authorities cannot imply the idea of standardizing, uniformity, enlisting of all citizens under the same legal regime, regardless of their natural or socio-professional situation. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles: the principle of identity and diversity, the principle of pluralism, principle of unity and, in particular, the principle of proportionality. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

Keywords

• Equality as a constitutional principle
• philosophical and legal content of the principle of proportionality
• interference between the principles of equality and proportionality
• Equitable balance
• Principle of equality and tax obligations